Oklahoma’s SB 91 had originally required birth certificates for presidential candidates, but the bill has been amended to drop that requirement. Instead, the bill adds some requirements for candidates filing for office other than president. They must submit a copy of their voter registration affidavit; also, the bill sets up procedures for challenging the candidacy of a candidate for office other than president.

Ironically, the newly amended bill, if signed into law, would be unconstitutional as applied to congressional candidates. The 10th circuit includes Oklahoma, and the 10th circuit ruled in Campbell v Davidson, 233 F.3d 1229 (2000), that states cannot require candidates for Congress to be registered voters. Article One of the U.S. Constitution sets forth the requirements for individuals to run for, and hold, office in Congress, and do not include any requirement for being a registered voter.

SB 91 has no effect on anyone running for President, because it does not amend the part of the law on how candidates apply to run for President in either the presidential primary or the general election. Because SB 91 no longer requires birth certificates for presidential candidates, it is now true that no bill in any state this year, requiring birth certificates for presidential candidates, will have passed. Thanks to the commenter who posts under the name “Welsh Dragon” for this news.